Secondary liability is the liability that arises from the original or primary liability. It is the legal responsibility assigned to a party due to their relationship with the primary wrongdoer, rather than their own direct actions. In general, secondary liability does not arise unless the party with primary liability is unable or otherwise fails to honor their obligation. This concept ensures that those who have the power to control or influence the primary wrongdoer also bear responsibility for preventing wrongful conduct.
See also: Tort, Primary Liability, Products Liability.
[Last updated in June of 2024 by the Wex Definitions Team]